The governing body of Bay Point did not commence its current term seeking controversy. Instead, the new leadership dedicated its time and attention to repairing the financial management quagmire it inherited. During that repair process, a number of other issues arose which had been ignored or completely mismanaged in the past. At each point, the board acted with complete transparency and explained the logic of its actions. Now, another one of those issues has arisen. Simply stated, Bay Point West and Bay Point Canal and Waterfront organizations are NOT community associations as defined in Chapter 468, Florida Statues. The BPCA legal counsel performed an exhaustive review of the governing documents of the Bay Point West (BPW) and Bay Point Canal and Waterfront (BPCW) organizations and their relationship to BPCA and the Florida statues. The result of the review determined that neither BPW nor BPCW is mentioned in the Declaration of Covenants and Restrictions for units 1 and 1A. Neither organization is a ‘mandatory’ homeowners association as defined in Chapter 720, Florida Statutes; and at best are a ‘voluntary’ association. Neither BPW nor BPCW is a community association as defined in Chapter 468, and neither is required to engage a CAM or satisfy any financial reporting requirements. In fact, the governing documents of each organization require that all actions taken by either BPW or BPCW must be in a manner consistent with decisions of the board of BPCA. The BPCA board must approve all rules and actions taken by BPW and BPCW. The above findings have been communicated to the current leadership of both organizations. The Bay Point board is open to constructing an organization which includes BPW and BPCW as integral elements of its operation. This issue was first addressed by legal counsel as early as 2010, but has remained neglected since then. Actions taken here merely comply with the law, and more importantly will result in monetary and management benefits to both associations and the owners they represent.
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